CYIL vol. 9 (2018)

CYIL 9 ȍ2018Ȏ CUSTOMARY INTERNATIONAL LAW, INTERPRETATION OF TREATIES … present form of exceptions to immunity ratione materiae . The ILC may continue and possibly conclude its consideration of the topic on first reading in 2019. Conclusion The session of the ILC in 2018 was longer, and had again a very busy and productive programme. This time it was mainly due to the number and complexity of topics discussed and adopted on the second or first reading. Next year, the Commission will have an equally demanding programme for several reasons. First, one topic (Crimes against humanity) will be resumed with a view to complete it on the second reading. Second, up to three other topics may reach the adoption of draft conclusions, principles or articles on the first reading, i.e. Peremptory norms of general international law ( jus cogens ), Protection of the environment in relation to armed conflicts, and Immunity of State officials from foreign criminal jurisdiction. In particular, the topics of jus cogens and immunity of State officials will require significant time for debate in plenary and even more so in the Drafting Committee, as much work still has to be done. Third, the Special Rapporteurs for other topics will also, most likely, submit their reports. That is why the proposal of the ILC to allocate up to 11 weeks for its session in 2019 was adopted. Although it will be the third, not the last, year of this quinquennium, the Commission will seek to finalize as many topics as possible. Sufficient time should also be reserved for meetings of the Working Group on the Long-term programme of work in order to revise and complete the list of possible new topics, as well as for the Working Group on Methods of work. In view of the current workload and the length of debates, it is more and more obvious that the methods of the work of the ILC need to be revised. This is very important if the Commission wants to live up to the expectations and remain relevant in the future. 3.

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